• The said MCAs did not substantiate all the seven allegations they had against the governor
• Samboja was accused of gross misconduct, violation of the law and abuse of office
Taita Taveta MCAs' attempt to oust Governor Granton Samboja flopped on Thursday after the Senate dismissed as unsubstantiated their accusations against the county chief.
The 30 MCAs had accused Samboja of gross misconduct, violation of the law and abuse of office.
The special Senate committee headed by Embu Senator Njeru Ndwiga said:
“Having investigated the matter in accordance with section 33(4) of the County Governments Act and Standing order 75(2) of the Senate Standing Orders, the committee finds none of the particulars of the allegations against the governor to have been substantiated.”
Samboja was the third governor to be impeached by their respective county assemblies after Governor Martin Wambora of Embu and his Kericho counterpart Paul Chepkwony.
Wambora was saved by the courts while Chepkwony, like Samboja, was rescued by the Senate.
Leader of minority James Orengo took issue with Samboja for not appearing before the special committee.
Orengo, however, said the Senate had proved that it makes decisions based on the evidence available and in accordance with the law.
"I hope this goes out as a message to county assemblies that when they want to impeach the governor, they must do a little homework first.”
Samboja, through lawyer Nelson Havi, cited a court order restraining the process until a case he had filed is determined, as the reason why he did not appear for impeachment proceedings.
His explanation was addressed to Senate Clerk Jeremiah Nyegenye.
Orengo said governors should be made to appear before the Senate whenever matters of impeachment arise. “Governors should be compelled to appear before MCAs when the matter is before the county assemblies and also compelled to appear before senators when the matter is before the Senate,” he added.
The committee said MCAs did not substantiate all the seven allegations they had against the governor.
The governor was accused of misappropriating funds, failing to submit to county assembly an annual report on the implementation status of county policies and failing to deliver annual state of the county address.
He was also accused of failing to remit statutory deductions to relevant institutions, misleading the people of Taita Taveta, misleading the county assembly and gross misconduct.
The county assembly had urged the Senate committee to find that there were sufficient grounds to necessitate the governor’s removal from office.
Samboja has been at loggerheads with the assembly for four months and has led a separate bid to dissolve the county government through a signature campaign.
It all started after the governor refused to sign the budget in which MCAs had allocated themselves Sh833 million for their wards.